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(a) (1) Prohibitions; exceptions. No person shall sell or give to another person, possess, harbor, keep, or yard wild or other animals identified in this section or in regulations promulgated by the Commissioner pursuant to subdivision (e) of this section other than in:
(i) a zoological park or aquarium operated by the Department of Parks and Recreation, by the Wildlife Conservation Society, or by the Staten Island Zoological Society; or
(ii) a laboratory operated pursuant to § 504 of the Public Health Law; or
(iii) a veterinary hospital or other veterinary or medical facility where veterinary care is provided for such animals; or
(iv) a temporary exhibit, performance or display that has been issued a permit by the Commissioner.
(2) Permits. Persons who own, operate, manage or control any premises, businesses or activities in which such animals will be exhibited or displayed, or persons who propose to exhibit or display such animals, including, but not limited to, in a rodeo, circus or other performance, petting zoo, farm museum, school or similar institution, or for a film, television, photographic or other production or a media or non-media event, or for commercial, educational or other purposes, must obtain a permit issued by the Commissioner.
(A) The Commissioner may impose reasonable conditions and time limits on such exhibitions, usages or displays when issuing such permits, including requiring proof of insurance, and a showing that places where animals are to be exhibited, used or displayed have protective devices that the Department is satisfied will prevent animals from escaping or injuring the public.
(B) All animals exhibited or displayed shall have received all species appropriate immunizations and have been tested for zoonotic diseases in accordance with federal and state law and guidelines, and recommendations of the Association of Zoos and Aquariums, or other recognized animal health authorities. The Commissioner may prohibit the use, display or exhibition of an animal that, in the opinion of the Commissioner, carries an unreasonable risk of exposing persons to zoonotic diseases or physical harm.
(C) An application for a permit to exhibit, use or display animals shall be submitted to the Department at least ten (10) business days prior to the arrival of such animals into New York City in preparation for such exhibition, use or display by the person or entity that proposes to exhibit, use or display such animals or the person in control of the premises where such animals will be exhibited, used or displayed.
(D) Any animal of a species for which a rabies vaccine licensed and approved by the USDA is available shall be currently vaccinated against rabies in accordance with the vaccine manufacturer's instructions sufficiently in advance of any permit being issued for its exhibition, use or display, so that such vaccine shall be effective at the time of the animal's exhibition, use or display.
(E) The Department may impose a fee to cover its costs in issuing such permits.
(b) For the purposes of this Code, a wild animal is deemed to be any animal which is naturally inclined to do harm and capable of inflicting harm upon human beings and all such animals are hereby prohibited pursuant to subdivision (a) of this section. Such animals shall also include: (i) any animals specified by the Commissioner in regulations promulgated pursuant to this section; (ii) any native or exotic wildlife whose possession or sale is prohibited because they are designated as protected or endangered pursuant to any federal, state or local law, regulation, or rule; and (iii) any of the following animals:
(1) All dogs other than domesticated dogs (Canis familiaris), including, but not limited to, wolf, fox, coyote, hyaena, dingo, jackal, dhole, fennec, raccoon dog, zorro, bush dog, aardwolf, cape hunting dog and any hybrid or cross-breed offspring of a wild dog and domesticated dog.
(2) All cats other than domesticated cats (Felis catus), including, but not limited to, lion, tiger, leopard, ocelot, jaguar, puma, panther, mountain lion, cheetah, wild cat, cougar, bobcat, lynx, serval, caracal, jaguarundi, margay and any hybrid or cross-breed offspring of a wild cat and domesticated or other cat.
(3) All bears, including polar, grizzly, brown and black bear.
(4) All fur bearing mammals of the family Mustelidae, including, but not limited to, weasel, marten, mink, badger, ermine, skunk, otter, pole cat, zorille, wolverine, stoat and ferret.
(5) All Procyonidae: All raccoon (eastern, desert, ring-tailed cat), kinkajou, cacomistle, cat-bear, panda and coatimundi.
(6) All carnivorous mammals of the family Viverridae, including, but not limited to, civet, mongoose, genet, binturong, fossa, linsang and suricate.
(7) All bats (Chiroptera).
(8) All non-human primates, including, but not limited to, monkey, ape, chimpanzee, gorilla and lemur.
(9) All squirrels (Sciuridae).
(10) Reptiles (Reptilia). All Helodermatidae (gila monster and Mexican beaded lizard); all front-fanged venomous snakes, even if devenomized, including, but not limited to, all Viperidae (viper, pit viper), all Elapidae (cobra, mamba, krait, coral snake), all Atractaspididae (African burrowing asp), all Hydrophiidae (sea snake), all Laticaudidae (sea krait); all venomous, mid-or rear-fanged, Duvernoy-glanded members of the family Colubridae, even if devenomized; any member, or hybrid offspring of the family Boidae, including, but not limited to, the common or green anaconda and yellow anaconda; any member of the family Pythonidae, including, but not limited to, the African rock python, Indian or Burmese python, Amethystine or scrub python; any member of the family Varanidae, including the white throated monitor, Bosc's or African savannah monitor, Komodo monitor or dragon, Nile monitor, crocodile monitor, water monitor, Bornean earless monitor; any member of the family Iguanidae, including the green or common iguana; any member of the family teiidae, including, but not limited to, the golden, common, or black and white tegu; all members of the family Chelydridae, including snapping turtle and alligator snapping turtle; all turtles and tortoises with a carapace length of less than four (4) inches; and all members of the order Crocodylia, including, but not limited to, alligator, caiman and crocodile.
(11) Birds and Fowl (Aves): All predatory or large birds, including, but not limited to, eagle, hawk, falcon, owl, vulture, condor, emu, rhea and ostrich; roosters, geese, ducks and turkeys prohibited or otherwise regulated pursuant to 24 RCNY Health Code § 161.19, the Agriculture and Markets Law or applicable federal law.
(12) All venomous insects, including, but not limited to, bees other than non-aggressive honey bees (Apis mellifera), hornet and wasp. Persons keeping honey bees shall file a notice with the Department, on a form provided or approved by the Department, containing the beekeeper's name, address, telephone, e-mail and fax numbers, emergency contact information, and location of the hive, and they shall notify the Department within ten business days of any changes to such information. Beekeepers shall adhere to appropriate beekeeping practices including maintaining bee colonies in moveable-frame hives that are kept in sound and usable condition; providing a constant and adequate water source; locating hives so that the movement of bees does not become an animal nuisance, as defined in 24 RCNY Health Code § 161.02; and shall be able to respond immediately to control bee swarms and to remediate nuisance conditions.
(13) Arachnida and Chilopoda: All venomous spiders, including, but not limited to, tarantula, black widow and solifugid; scorpion; all venomous arthropods including, but not limited to, centipede.
(14) All large rodents (Rodentia), including, but not limited to, gopher, muskrat, nutria, paca, woodchuck, marmot, beaver, prairie dog, capybara, sewellel, viscacha, porcupine and hutia.
(15) All even-toed ungulates (Artiodactyla) including, but not limited to, deer, antelope, sheep, pigs, including pot bellied pigs, goats, cattle, giraffe and hippopotamus. Such prohibition shall not affect persons who keep livestock in accordance with applicable law.
(16) All odd-toed ungulates (Perissodactyla) other than domesticated horses (Equus caballus), including, but not limited to, zebra, rhinoceros and tapir.
(17) All marsupials, including, but not limited to, Tasmanian devil, dasyure, bandicoot, kangaroo, wallaby, opossum, wombat, koala bear, cuscus, numbat and pigmy, sugar and greater glider.
(18) Sea mammals (Cetacea, Pinnipedia and Sirenia), including, but not limited to, dolphin, whale, seal, sea lion and walrus, and any other predatory marine and freshwater animals and fishes including, but not limited to, sharks and piranhas.
(19) All elephants (Proboscides).
(20) All hyrax (Hyracoidea).
(21) All pangolin (Pholidota).
(22) All sloth and armadillo (Edentala).
(23) Insectivorous mammals (Insectivora): All aardvark (Tubulidentata), anteater, shrew, otter shrew, gymnure, desman, tenrec, mole and hedge hog.
(24) Gliding lemur (Dermoptera).
(c) In addition to domesticated dogs and cats, an animal may be kept, possessed, harbored or sold in the City of New York provided that possession of the animal is not otherwise prohibited by law, including federal, state and local laws regulating domestic animals and livestock or protecting wildlife and endangered species. Such animals include, but are not limited to, gerbil, hamster (Mesocricetus auratus), guinea pig, domesticated rabbit and fowl or small birds such as parakeet, parrot, canary and finch.
(d) An animal whose possession is prohibited pursuant to this section may be seized by any authorized employee, officer or agent of the Department or of any other agency of the City of New York, and the Commissioner shall provide for such animal's appropriate disposition.
(1) An order issued by the Commissioner pursuant to this section shall contain a notice that the owner of such animal may, within three business days of receipt of the order, request an opportunity to be heard with respect to whether the animal is a prohibited animal and its appropriate disposition. The Commissioner shall provide such an opportunity to be heard as soon as practicable, but no later than 15 days after receipt of such request.
(2) With the written consent of the Department, an owner of any animal whose possession is prohibited pursuant to this section, may remove such animal to another jurisdiction where its possession is not prohibited pursuant to any local or other law.
(e) The Commissioner may promulgate such regulations as may be necessary to add to the list in subsection (b) any animal which the Commissioner determines is naturally inclined to do harm and capable of inflicting bodily harm upon human beings.
(f) If any provision of this section is adjudged invalid by any court of competent jurisdiction, such judgment shall not affect or impair the validity of the remainder of this section.
When used in this article, the following terms shall have the following meaning:
Adoption means the delivery to any natural person eighteen years of age or older, for the limited purpose of harboring as a pet, a homeless, lost, stray, abandoned, seized, surrendered, or unwanted animal.
Animal behaviorist means a person certified as an applied animal behaviorist or veterinary behaviorist by the Animal Behaviorist Society or other person with qualifications acceptable to the Department, who works with pets and their owners to modify animal behavior, provide socialization training for animals and their owners, and assesses or diagnoses behavioral pathology in animals.
Animal nuisances shall include, but not be limited to, animal feces, urine, blood, body parts, carcasses, vomitus and pervasive odors; animals that carry or are ill with contagious diseases communicable to persons or other animals; and dangerous dogs. A beekeeping nuisance shall mean conditions that include, but not be limited to, aggressive or objectionable bee behaviors, hive placement or bee movement that interferes with pedestrian traffic or persons residing on or adjacent to the hive premises; and overcrowded, deceased or abandoned hives.
Animal rescue group shall mean a not-for-profit organization, group or unincorporated entity that accepts unwanted dogs or cats from an animal shelter or other place and attempts to find homes for, and promote adoption of, such animals by the general public.
Animal shelter or shelter for homeless animals means a not-for-profit facility holding a permit in accordance with 24 RCNY Health Code § 161.09 where homeless, lost, stray, abandoned, seized, surrendered or unwanted animals are received, harbored, maintained and made available for adoption to the general public, redemption by their owners or other lawful disposition, and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other organization devoted to the welfare, protection or humane treatment of animals.
Boarding kennel business or establishment means a facility other than an animal shelter where animals not owned by the proprietor are sheltered, harbored, maintained, groomed, exercised, fed, or watered in return for a fee.
Cat means a domesticated animal of the species Felis catus kept as a pet, except for any animal that is a hybrid or cross-breed of such species whose possession is prohibited in New York City pursuant to 24 RCNY Health Code § 161.01.
Dangerous dog means a dog which menaces, threatens, attacks or bites a person or persons, or which kills or inflicts physical injury upon any persons, when such persons are peacefully conducting themselves in any place where they may lawfully be, and any dog owned or harbored for the purpose of dog fighting. A Department record of a bite report made pursuant to 24 RCNY Health Code § 11.03 or of a dog bite or other injury made by a police officer shall be prima facie evidence that a dog is dangerous.
Dog means a domesticated animal of the species Canis familiaris kept as a pet, but does not mean any other animal that is a hybrid or cross-breed of such species whose possession is prohibited in New York City pursuant to 24 RCNY Health Code § 161.01.
Exposure to rabies means a bite or non-bite penetration of the skin; or contamination of an open wound, abrasion, scratch or mucous membrane with saliva or other potentially infectious material from an animal subject to rabies.
Grooming parlor, salon, business, or establishment means a facility where animals are presented by their owners for bathing, dipping, clipping, combing, or cleaning for the purpose of improvement of the animal's appearance and or well-being in return for a fee and establishments which provide facilities for owners to groom their own pets.
Guard dog means a dog which is trained or used for personal protection, area protection, and/or the apprehension or warding off of an individual by means of barking, threatening gestures, biting, or restraining by the use of its teeth. Guard dog shall not include a police work dog as defined in Agriculture and Markets Law § 108(18), or successor provision.
Hybrid or cross-breed shall mean the offspring produced by two animals of different breeds, varieties or species.
Lost, stray and homeless animals. For the purpose of determining applicability of the Animal Shelters and Sterilization Act, §§ 17-801 et seq. of the Administrative Code, lost, stray and homeless animals shall mean any animals owned or formerly owned by residents of the City of New York, or animals whose owners are unknown, that are brought into or accepted by any New York City animal shelter by any person for any reason other than for the purpose of evaluation by an animal behaviorist pursuant to a request of the Department or order of the Commissioner.
Operating or in operation. An animal business or facility regulated by this Article is "operating" or "in operation" if any animals are being harbored or kept on its premises, and regardless of whether such business or facility is open to the public.
Owner means any person who owns, harbors, possesses, adopts, cares for or keeps an animal.
Pet shop means a facility other than an animal shelter where live animals are sold, exchanged, bartered, or offered for sale as pet animals to the general public at retail for profit.
Severe injury, with respect to an injury inflicted by a dog, means any physical injury inflicted by such dog upon a person that causes at least a broken bone or a disfiguring laceration requiring either multiple stitches or cosmetic surgery.
Small animal means a companion animal such as a dog, cat, fish, bird, rabbit, reptile, gerbil, hamster or other animal whose possession is not prohibited by 24 RCNY Health Code § 161.01.
Stable for horses means a building where one or more horses are housed and/or maintained.
State Sanitary Code shall mean Chapter 1 of Title 10 of the Codes, Rules and Regulations of the State of New York, or successor rules.
Training establishment for small animals means a facility where small animals, whether or not belonging to the owner or employee of such facility, are trained for any purpose in return for a fee.
(Amended City Record 6/15/2016, eff. 7/15/2016; amended City Record 9/20/2017, eff. 10/10/2017)
(a) A person who owns, possesses or controls a dog, cat or other animal shall not permit the animal to commit a nuisance on a sidewalk of any public place, on a floor, wall, stairway, sidewalk, lawn, garden or roof of any public or private premises used in common by the public, or on a fence, wall, stairway or entranceway of a building abutting on a public place.
(b) Notices of violation for failure to comply with this section may be issued by any authorized employee, officer or agent of the Department, or of the Departments of Sanitation and Parks and Recreation, or successor agencies.
(Amended City Record 9/20/2016, eff. 10/20/2016)
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